The short answer
Usually covered, and this surprises both sides.
The going-and-coming rule excludes the ordinary commute — but the commute generally ends when you reach the employer's premises, and a company parking lot is often part of them.
The premises line
The going-and-coming rule says an ordinary commute is not in the course of employment. It is judicial doctrine construing Labor Code § 3600(a)(2), not a statute of its own.
But the rule has an endpoint. California recognizes that employment generally begins when the employee arrives on the employer's premises — and a parking lot the employer owns, leases, maintains, or controls is commonly treated as part of them.
Which means the fall in the lot, on the stairs from the lot, or on the walkway between the lot and the door is frequently compensable even though the drive there was not.
What decides it
Who controls the lot? Owned or leased by the employer is the strongest case. A lot the employer designates, pays for, or requires you to use is next.
Were you required or directed to park there? A designated employee lot is materially different from public street parking.
How close in time and space to the workday? Arriving for a shift, leaving after one, or crossing during a paid break are all within it. Two hours early for personal reasons is a harder case.
Was the hazard part of the premises? A pothole, poor lighting, an unrepaired curb, ice, or an unsecured gate.
The second case worth checking
If the lot is owned or maintained by someone other than your employer — a shopping center, a building owner, a management company — that party can be liable in a separate civil case.
That matters because workers' compensation pays nothing for pain and suffering and a premises case does. In a fall producing a serious fracture or a head injury, the civil case is frequently the larger of the two. When a third-party case exists.
What to do today
Photograph the exact spot, the hazard, and the lighting — from several angles, and before it is repaired. Repairs happen fast after a fall, and a photograph taken today is worth more than any argument made later.
Report it in writing the same day, even if you finished your shift.
Note who owns or manages the lot. The signage usually says.
And ask about security video before it is overwritten — most systems overwrite within days. Ask in writing, now.
Sources
Labor Code § 3600(a)(2)–(3) (course and scope of employment) · § 3202 (liberal construction in favor of extending benefits) · § 3852 et seq. (third-party recovery and the employer's lien) · The going-and-coming rule and the premises line are judicial doctrine construing § 3600; the special-errand, required-vehicle and employer-provided-transportation exceptions apply to the commute itself.
General information about California law, not legal advice about your case.
Law Offices of Solov & Teitell, APC · (213) 380-9310 · 24/7 (213) 463-6469
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